HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO.9360 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners - accused Nos.2 and 3 to quash the proceedings against them in C.C.No.680 of 2020 pending on the file of First Additional Judicial First Class Magistrate at Godavarikhani. The offences alleged against the petitioners are under Sections 420, 506 read with Section 120(b) of the Indian Penal Code (for short 'IPC').
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State and perused the record.
3. It is contended by learned counsel for the petitioners that the petitioners are innocent and a false complaint has been foisted against them by the de-facto complainant with all false allegations. It is further contended by learned counsel for the petitioner that the dispute between the parties is purely civil in nature but it was converted into a criminal case and the police without due investigation filed charge sheet against the petitioners. Therefore, prayed to quash the proceedings against the petitioners.
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4. On the other hand, learned Assistant Public Prosecutor contended that the police has filed charge sheet against the petitioners only after due investigation and that it is not a fit case to quash the proceedings against the petitioners at this juncture as the matter has to be decided only after conducting trial by the Trial Court.
5. On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after conducting trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.
6. Taking into consideration the fact that the dispute between the parties is purely civil in nature, this Court is of the considered view that the appearance/attendance of the petitioners - accused Nos.2 and 3 before the trial Court shall be dispensed with.
7. Accordingly, the appearance/attendance of the petitioners - accused Nos.2 and 3 before the Court of First Additional Judicial First Class Magistrate at Godavarikhani in C.C.No.680 of 2020 is dispensed with, unless their presence is required by the trial Court for a specific purpose or at the time of recording examination under Section 313 Cr.P.C. and on the date of pronouncement of judgment. Further, the petitioners are at liberty to move an application before the trial Court seeking to discharge them from the case. On such application being GAC,J Crl.P.No.9360_2023 3 filed and if any prima facie case is not made out against them, the trial Court shall consider the same and pass appropriate orders within a period of three (03) weeks from the date of filing of the said discharge petition without being influenced by any of the observations made by this Court in this order.
8. Subject to the above directions, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_______________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 25.09.2023 ns